§ 40-02-16 — Arbitration of differences between township and newly organized municipality upon division of property and indebtedness

municipality upon division of property and indebtedness.
If the officers of a township and of a municipality which has been organized from territory
situated therein cannot agree upon the valuation of any real estate, or of any indivisible property
which is held jointly, or upon the just apportionment of the joint indebtedness, the officers of the
township or municipality, upon five days' notice of the time and place, may apply to the director

of the office of administrative hearings for arbitration of such differences. Thereupon, the
director shall appoint three residents of the county, not residents or taxpayers of the municipality
or township involved, to act as arbitrators. After being duly sworn to perform the duties imposed
upon them, the arbitrators shall view and appraise the property and fix the valuation thereof for
the purpose of making the division. If the property to be divided is personal property and no
satisfactory arrangement can be made otherwise, it must be sold at public auction to the highest
bidder, and the municipality and township may bid at the sale. The township and municipality
involved in the arbitration shall share equally in the costs and expenses of the arbitration. The
director of the office of administrative hearings shall request payment from the township and
municipality and the township and municipality shall pay to the office of administrative hearings
both the costs and expenses of the arbitration proceedings and the cost of the services provided
by the arbitrators and the director of the office of administrative hearings.